Disquieted At High Level Of Corruption, Madras HC Orders En-Masse Transfer Of All Officials Of Vigilance Cell Of Chennai Corporation [Read Order]

In an unusually bold decision emanating out of Chennai Corporation’s inaction on a complaint of unauthorised installation of generator outside an illegal set-up hospital, the Madras High Court has ordered en masse transfer all the officials presently serving in the “Vigilance Cell” of the corporation within four weeks and deputation of police personnel with proven integrity in their place.So disquieted was Justice SM Subramaniam that he delved into the greater evil of corruption in India, and in Chennai Corporation in particular, while acting on the writ petition filed by one H Lakshmi seeking direction to the Executive Engineer to remove the generator which was placed in front of her premises in Sannathi street abutting the front wall of her house by encroaching the land belonging to the Chennai Corporation.In this case, the petitioner said one Dr Simon Hercules had started Faith Multi-Speciality Hospital with all facilities in year 2013 and placed a big generator over the road and leaning on the front side wall of her house.The generator, she said, was placed on the corporation land without any cover and creates noise and air pollution besides posing danger to the life of the passers-by. The petitioner sent complaints in writing to the Corporation authorities but no action has been taken, forcing her to move court.The second respondent/ zonal officer filed a counter statement that Dr. Hercules had constructed unauthorized construction in the terrace of the building by converting the same into the hospital and the petitioner herself has filed a rent control proceedings against him. He also submitted that the petitioner herself has permitted the respondent to put up the generator in front of her wall and appropriate action is being taken in the case.Justice Subramaniam was highly critical of the levels of corruption in all walks of life in India, which he time and again referred to as “our great nation” and quoted Mahatma Gandhi: “Earth provides enough to satisfy every man's need, but not every man's greed”.“Any system of Government can fail if people do not show scrupulous honesty and a feeling of brotherhood. Corruption is increasing in our country. Is everyone then going to think only of himself and not all of India?. Corruption has now become worse than before. Restraint from it has practically gone. Corruption will go when a large number of persons given unworthily to it, realise that, the Nation does not exist for them to exploit, but that they exist to serve the Nation. This requires morals and extreme vigilance on the part of those, who are free of taint. Indifference will be criminal,” he said.In view of the fact that the rampant corruptions are increasing day-by-day in Chennai Corporation, this Court is of an opinion that adequate steps are required for the effective implementation of Anti-Corruption Laws to control and minimise the corrupt and illegal activities in Government offices, organisations and more specifically, in Greater Chennai Corporation. Accordingly, the following directions were issued:(i) The first respondent-Commissioner, Greater Chennai Corporation, is directed to transfer all the officials presently serving in the “Vigilance Cell”, Greater Chennai, an en masse within a period of four weeks;(ii) The Commissioner, Greater Chennai Corporation, is directed to consult the Director General of Police, who in turn, shall depute adequate number of new set of police officials with proven integrity and honesty in their service, enabling the “Vigilance Cell” of the Corporation of Chennai to function more effectively and meaningfully;(iii) The Commissioner, Greater Chennai Corporation, is directed to set up the vigilance booths in the front offices of all the Corporation offices/buildings and CCTV Cameras, within a period of four weeks, enabling the common man to provide information and submit complaints in respect of illegalities, irregularities and corrupt activities in Chennai Corporation functionings and projects and such vigilance booths are to be widely published;(iv) The vigilance booths installed must be under the direct control and supervision of the Commissioner of Greater Chennai Corporation and all information and complaints are to be registered and communicated to the Commissioner for appropriate actions;(v) The Commissioner, Greater Chennai Corporation is directed to install adequate display boards and affix notices in all the Corporation offices/buildings, stating that “offering corruptions and receiving corruptions are serious offences. “The corrupt activities infringe the rights of all other citizens”. “The corrupt activities affect the development of our Great Nation” and other suitable phraseologies or information as decided by the Commissioner of Greater Chennai Corporation, also shall be displayed;(vi) The Commissioner, Greater Chennai Corporation is directed to publish the evil consequences of all illegalities and corrupt activities through visual and electronic...

Disquieted At High Level Of Corruption, Madras HC Orders En-Masse Transfer Of All Officials Of Vigilance Cell Of Chennai Corporation [Read Order]

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